A California criminal conviction can result in a temporary or lifetime prohibition on possessing firearms and ammunition. Whether a person is prohibited — and whether firearm rights can ever be restored — depends on the exact conviction, when it occurred, and both California and federal law.
Losing the right to possess a firearm can be one of the most significant consequences of a criminal conviction.
California has extensive laws identifying people who are prohibited from owning, purchasing, receiving, or possessing firearms. Federal law imposes additional restrictions.
This means firearm eligibility cannot be determined simply by asking whether someone has a felony or misdemeanor on their record.
The exact conviction and circumstances matter.
Who Can Be Prohibited From Possessing Firearms in California?
California and federal law contain numerous firearm-prohibiting categories.
Depending on the circumstances, a person may be prohibited because of:
- A felony conviction
- Certain misdemeanor convictions
- Certain domestic violence convictions
- An active restraining or protective order
- Certain juvenile adjudications
- Certain mental-health-related circumstances
- Other prohibiting conditions established by state or federal law
Some prohibitions are temporary. Others can last for life.
A person can also be prohibited under federal law even when California law would not independently prohibit firearm possession.
Do Felony Convictions Result in a Lifetime Gun Ban?
California Penal Code section 29800 generally prohibits a person convicted of a felony from owning, purchasing, receiving, possessing, or having custody or control of a firearm.
For many felony convictions, this results in a lifetime California firearm prohibition unless some form of legally effective relief changes the person’s status.
Federal law also generally prohibits firearm possession by people convicted of crimes punishable by imprisonment for more than one year, subject to federal definitions and exceptions.
Because California and federal law operate independently, changing the effect of a conviction under California law does not automatically resolve every federal firearm issue.
Can a Misdemeanor Conviction Cause You to Lose Your Gun Rights?
Yes.
California Penal Code section 29805 identifies numerous misdemeanor convictions that can result in firearm prohibitions.
Many qualifying convictions result in a 10-year California prohibition, but it is inaccurate to assume that every misdemeanor firearm prohibition lasts exactly 10 years.
Some offenses are subject to longer restrictions, including lifetime prohibitions in specified circumstances.
Examples of offenses that may affect firearm rights include certain convictions involving:
- Assault or battery
- Domestic violence
- Criminal threats
- Stalking
- Weapons
- Other offenses specifically identified by California law
The exact Penal Code section of conviction should be reviewed before determining the length or scope of a firearm prohibition.
How Do Domestic Violence Convictions Affect Gun Rights?
Domestic violence cases require particular caution because both California and federal firearm laws may apply.
California law imposes firearm prohibitions following various domestic violence-related convictions.
Federal law also prohibits firearm possession following qualifying misdemeanor crimes of domestic violence.
The federal rules are not identical to California’s rules.
The relationship between the defendant and victim, the elements of the offense, the date of conviction, and other circumstances can affect whether the federal prohibition applies.
For a more detailed discussion, see our guide to firearm rights after a domestic violence conviction.
Can a Restraining Order Cause You to Lose Your Gun Rights?
Yes.
A firearm prohibition does not always require a criminal conviction.
California restraining and protective orders can prohibit a person from possessing, purchasing, receiving, or attempting to acquire firearms and ammunition while the order is in effect.
Criminal courts can also issue protective orders in connection with domestic violence and other criminal cases.
A person subject to an active order must comply with its firearm restrictions unless and until the order expires or is lawfully modified or terminated.
Can You Restore Gun Rights After a Felony Conviction?
Sometimes, but there is no single procedure that restores firearm rights after every California felony conviction.
The possibilities depend heavily on the offense.
One important distinction involves California “wobbler” offenses.
A wobbler is an offense that can be treated as either a felony or misdemeanor. In qualifying cases, a court may have authority under Penal Code section 17(b) to reduce a felony wobbler to a misdemeanor.
Whether such a reduction affects firearm eligibility depends on the conviction and the other state and federal laws that apply.
Some convictions cannot be reduced under Penal Code section 17(b), and reducing a conviction does not necessarily eliminate every independent firearm prohibition.
Does Expungement Restore Gun Rights?
Not automatically.
California Penal Code section 1203.4 provides a form of post-conviction dismissal commonly called expungement.
Although a dismissal can provide important benefits, it should not be treated as automatic restoration of firearm rights.
The conviction’s effect under California firearm law and federal firearm law must be analyzed separately.
Someone whose conviction has been dismissed should therefore not assume that firearm possession has become lawful simply because the criminal case now reflects a dismissal.
For more information about post-conviction relief, visit our Fresno Expungement & Post-Conviction Relief page.
Does a Certificate of Rehabilitation Restore Gun Rights?
No.
A California Certificate of Rehabilitation can provide important post-conviction benefits and generally operates as an application for a gubernatorial pardon.
However, the Certificate of Rehabilitation itself does not restore firearm rights.
This distinction is important because older discussions of California gun-rights restoration sometimes incorrectly list a Certificate of Rehabilitation as though obtaining the certificate itself removes a firearm prohibition.
Can a Governor’s Pardon Restore Firearm Rights?
A gubernatorial pardon can affect certain consequences of a California conviction, but its effect on firearm rights depends on the circumstances and the terms of the pardon.
A pardon should not be viewed as an automatic solution to every state or federal firearm prohibition.
The underlying conviction and any independent prohibitions must still be considered.
Does Proposition 47 Restore Gun Rights?
No, not by itself.
Proposition 47 allows certain qualifying felony convictions to be reduced or redesignated as misdemeanors.
However, Proposition 47 specifically preserves firearm restrictions that resulted from the original felony conviction.
Someone whose felony has been redesignated as a misdemeanor under Proposition 47 should therefore not assume that the redesignation restored the right to possess firearms.
For more information, see our guide to California Proposition 47 felony reduction.
Are California and Federal Firearm Prohibitions the Same?
No.
This is one of the most important issues in determining firearm eligibility.
California can prohibit someone from possessing firearms under state law while federal law independently imposes another prohibition.
Relief that changes a person’s status under California law does not necessarily have the same effect under federal law.
Federal firearm restrictions can arise from circumstances including:
- Certain criminal convictions
- Qualifying misdemeanor crimes of domestic violence
- Certain restraining orders
- Other categories established by federal law
Because the two systems overlap, firearm eligibility should be evaluated under both before someone attempts to acquire or possess a firearm.
What If Your Firearm Prohibition Has Expired?
The expiration of one California firearm prohibition does not necessarily mean firearm possession is lawful.
A person may still be prohibited because of:
- Another California conviction
- A federal firearm prohibition
- An active restraining or protective order
- Another legally disqualifying circumstance
This is particularly important with domestic violence convictions, where California and federal law can produce different results.
How Can You Find Out Whether You Are Eligible to Possess a Firearm?
Someone who is uncertain about firearm eligibility should not attempt to determine the answer by trying to purchase a gun.
The California Department of Justice provides a Personal Firearms Eligibility Check process through which an individual can ask the Department of Justice to determine whether that person is eligible to possess firearms under California law.
However, a California eligibility determination does not necessarily answer every question involving federal firearm law.
Reviewing the actual criminal record — including the exact statute of conviction and final disposition — can be essential when determining which prohibitions apply.
What Happens If a Prohibited Person Possesses a Firearm?
Possessing a firearm while prohibited can itself result in serious criminal charges.
California Penal Code section 29800 prohibits firearm possession by people in several prohibited categories, including people with qualifying felony convictions.
Other statutes apply to misdemeanor prohibitions and additional circumstances.
A prohibited-person case may involve questions such as:
- Whether the defendant was actually prohibited
- Whether the defendant knowingly possessed or controlled the firearm
- Whether possession was actual or constructive
- Whether the firearm belonged to another person
- Whether police discovered the firearm through a lawful search
For information about defending firearm-related criminal charges, visit our Fresno Gun & Weapons Charges Attorney page.
Do Not Assume Your Gun Rights Have Been Restored
California firearm law has changed substantially over time.
Someone with an old conviction should not rely on the age of the conviction, an expungement, misdemeanor reduction, completion of probation, or expiration of a particular number of years as proof that firearm possession is now lawful.
The appropriate analysis should identify:
- The exact conviction
- The date of conviction
- Whether the offense creates a California prohibition
- Whether any California prohibition has expired
- Whether federal law independently prohibits firearm possession
- Whether another conviction, restraining order, or circumstance creates an additional prohibition
Only after the applicable state and federal restrictions have been evaluated should firearm eligibility be determined.
Talk to a Fresno Criminal Defense Attorney About Firearm Restrictions
California firearm prohibitions can be complicated, particularly when an old criminal conviction, domestic violence offense, or post-conviction relief is involved.
Gregory W. Fox has more than 20 years of experience handling California criminal cases, including firearm-related charges.
If you are facing criminal charges involving prohibited firearm possession or need to understand how a California criminal conviction affects your case, call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.